..... is in respect of a debt, which it is not the pious duty of the sons, under the hindulaw, to discharge.2. in regard to the application of the rule enunciated in the ancienthindulaw texts, the courts were confronted, from time to time, with great difficulty. the bare statement of the rule ..... see chhaukauri mahton v. ganga prasad (1912) 39 cal. 862. this decision is quoted with approval in recognised text books on hindulaw; (see sarkar sastry's hindulaw p. 347, edn. 1924; mayue's hindulaw p. 405; and trevelyan p. 302) and i am prepared to follow it.93. in the result, after carefully considering ..... a decree for mesne profit?, obtained against his father, are entitled to great weight and are quoted with approval in many modern treatises on hindulaw : (see sircar sastri's hindulaw, 1924 edition, p. 347; mayne, p. 405).50. i shall now dispose of two minor contentions. first, it was suggested ..... contracted by their father, which they are cot bound to discharge, on the ground of pious obligation to pay their father's debts, under the hindulaw; and (2) that their father spent the income of the properties in his possession on dancing girls and boon companions. the subordinate judge overruled ..... destroyed his thing, through anger, if anything is promised in satisfaction, it is called a debt for anger.34. (translation of ghose, see his 'hindulaw' p. 546).35. mr. venkatasubramania iyer's contention is that liability for mesne profits falls within the second verse above quoted.36. the text of .....

..... an assignee is, in my opinion, so contrary to equity and good conscience that it should not be accepted by courts of this country, whatever the ancienthindulaw on the subject was44. the observations of bhashyam ayyangar j. to which ayyar j. referred were passed in a suit in which it was contended that ..... (rama krishna's case (2). in my opinion, it is not in consonance with the principles of hindu, law, or consistent with the course of judicial pronouncements, and with all due respect i am unable to acquiesce in it.51. applying the principles which i ..... the transaction is not that it is voluntary, but that it is unauthorized, and, in my opinion, all alienations for purposes not permitted by the hindulaw are to be treated as in para materia. the reasoning upon which the decisions in those cases was based has been rejected by the bombay high court ..... a widow's estate is the surrender of her entire interest in the inherited property to the next reversioner.it may be accepted that, according to hindulaw, the widow can accelerate the estate of the heir by conveying absolutely and destroying her life estate.46. (per lord morris in behari lal v ..... on the contrary, the utmost precaution appears to have been taken by them to secure their strict enforcement. we have already shown that according to the hindulaw women are deemed to be never fit for independence, and the widow in possession of her husband's estate is no exception to the general rule. .....

..... an assignee is, in my opinion, so contrary to equity and good conscience that it should not be accepted by courts of this country whatever the ancienthindulaw on the subject was.' the observations of bhashyam ayyangar, j., to which ayyar, j., referred were passed in a suit in which it was contended ..... transaction is not that it is voluntary but that it unauthorized, and, in my opinion, each and every alienation for purposes not permitted by the hindulaw are to be treated as in pari materia. the reasoning upon which the decision in those cases was based has been rejected by the bombay high ..... , to remove the clogs which fetter the free transfer of property, and not to: have borne in mind the danger of regarding-the principles of hindulaw from the; standpoint of western idealism of which lord dunedin gave the warning to which i have alluded. see also per lord gifford in cossinaut bysack ..... 413 : 5 sar. p.c.j. 452 : 8 ind. dec. (n.s.) 702 (p.c.).29. it follows, therefore, according to the principles of hindulaw that a widow is impotent suo motu to affect the reversionary interests in her husband's estate by unauthorised alienations. the learned vakil for the appellants, however, upon the ..... on the contrary, the utmost precautions appear to have been taken by them to secure their strict enforcement. we have already shown that according to the hindulaw, women are deemed to be never fit for independence, and the widow in possession of her husband's estate is no exception to the general rule .....

..... right of maintenance comes only incidentally, and that under the hindulaw, where a person who was a member of a hindu family was excluded from a share, the law always allows maintenance to compensate for this exclusion. it is also argued that ancienthindulaw takes no notice of individuals but only of the family ..... daughters are entitled to no right against the putative father. as observed in ghana kanta mohanta v. gereli [1905] 32 cal. 479, apart from hindulaw, maintenance has to be awarded on general principles; and if a father is bound to maintain his illegitimate daughter, his coparceners who took his property ..... great weight in estimating the rights of illegitimate daughters. in bhikya v. babu [1908] 32 bom. 562 the question was raised whether under the hindulaw, among the sudras, an illegitimate daughter can succeed to her father's property in preference to the son of a divided brother. mr justice batchelor ..... or till majority. but as pointed out in ananthayya v. vishnu [1894] 17 mad. 160, already referred to, there is no principle under the hindulaw where, when persons are given maintenance, the right (being a substitute of right for partition) can be subjected to any such limitation as to age. ..... and that the plaintiff's are the children born during that period and that, therefore, they have the rights of illegitimate children. under the hindulaw, even assuming that the parties are not sudras but belong to the higher classes e.g., vysias, they still have got rights to get .....

..... the right of maintenance comes only incidentally, and that under the hindulaw, where a person who was a member of hindu family was excluded from a share, the law always allows maintenance to compensate for this exclusion. it is also argued that ancienthindulaw takes no notice of individuals but only of the family as a ..... father. as observed in ghana kanta mohanta v. gereli 2 ind. cas. 550 : 32 c. 479 : 13 c. w. n. 150, apart from hindulaw, maintenance has to be awarded on> general principles; and if a father is bound to maintain his illegitimate daughter, his co-parceners who took his property by ..... the rights of illegitimate daughters. in bhikya sakharam v. babuvedu 32 b. 562: 10 bom. l. r. 736 the question was raised whether under the hindulaw, among the sudras, an illegitimate daughter can succeed to her father's property in preference to the son of a divided brother. mr. justice batchelor and ..... this point. an illegitimate son is one of that class of persons who, by reason of their exclusion from inheritance, are allowed maintenance by the hindulaw, and this is clear from the facts that among sudras he shares his father's property together with the legitimate son. it is urged on ..... about 1919 and that the plaintiffs are the children born during that period and that, therefore, they have the rights of illegitimate children. under the hindulaw, even assuming that the parties are not sudras but belong to the higher classes, e.g., vysias, they still have got rights to get maintenance .....

..... merely recites the fact that the depositor has sold the hundi. i am aware of no provision of the hindulaw whereby any sale is to be evidenced by writing. the ancient systems of law lay stress upon delivery of possession rather than a writing as evidence of sale. absence of an indorsement on ..... be paid,' according to the tenor of the document, which must include both the endorsement and acceptance. i certainly am not aware of any rule of hindulaw, customary or otherwise, which would have the effect of making the word ' shajoog ' mean payable to bearer, quite independently of the endorsements. it ..... such a subject as an unendorsed hundi payable to the 'shajoog' i will not now stay to enquire; ...it is said, however, that the hindulaw in this matter is widely different from the english, and that a hundi purporting to be payable to the ' shajoog,' whatever may be the form ..... that case did not exhibit any bona fide taker of the hundi before acceptance, and i suppose the court never meant to lay down that, under hindulaw, every one who took the hundi, even though he obtained it by fraud, would be treated as a ' shajoog,' the facts of that case ..... country as ' shahjog ' or '' shahjogi ', the negotiable instruments act excludes from its operation certain classes of hundis in the vernacular language which form the hindulaw merchant. section 1 provides:-' ...nothing herein contained...affects any local usage relating to any instrument in an oriental language.' the instrument before me is in .....

..... it merely recites the fact that the depositor has sold the hundi. i am aware of no provision of the hindulaw whereby any sale is to be evidenced by writing. the ancient systems of law lay stress upon delivery of possession rather than a writing as evidence of sale. absence of an indorsement on the ..... be paid' according to the tenor of the document which must include both the endorsement and acceptance. i certainly am not aware of any rule of hindulaw, customary or otherwise, which would have the effect of making the word shajog mean payable to bearer, quite independently of the endorsements. if there were ..... to such a subject as an unendorsed hundi payable on the shajog i will not now stay to enquire.... it is said, however, that the hindulaw on this matter is widely different from the english, and that a hundi purporting to be payable to the shajog, whatever may be the form ..... that case did not exhibit any bona fide taker of the hundi before acceptance, and i suppose,, the court never meant to lay down, that, under hindulaw, every one who took the hundi, even though he obtained it by fraud,, would be treated as a shajog. the facts of that case, upon ..... this country as shahjog or 'shahjogi.' the negotiable instruments act excludes from its operation certain classes of hundis in the vernacular language which form the hindulaw merchant. section 1 provides:nothing herein contained...affects any local usage relating to any instrument in an oriental language.15. the instrument before me is .....

..... function of a she-bait. to apply such a rule to the spiritual duties of a shebait would be to contravene the fundamental principle of the hindulaw, and to violate the religious instincts of all orthodox hindus. indeed, in the nature of things there can be no necessity for a voluntary ..... of shebait, or (2) that the assignment was 'for the benefit of the deities.' as regards (1) it is well-settled that 'according to hindulaw, when the worship of a thakur has been founded, the shebaitship is held to be vested in the heirs of the founder, in default of evidence ..... 14 b.l.r. 450 sir montague smith, in the course of the judgment, observed that 'there is no doubt that, as a general rule of hindulaw, property given for the maintenance of religious worship and of charities connected with it is inalienable.... but, notwithstanding that property devoted to religious purposes is, as a ..... of succession to the shebaiti set out in the indenture is neither that laid down by the founder, nor that prescribed by the principles of the hindulaw. it is contended, however, that inasmuch as the provisions of the indenture were 'for the benefit of the deities,' and the grantee was a ..... a question with diffidence, but i have had the advantage of hearing the matter exhaustively argued by distinguished hindu counsel, and i have myself explored the case-law and such hindu texts as bear upon the subject. the ancient sages for the most part are silent on the subject of shebaiti rights and duties, [per seshagiri .....

..... questioned so also when female members marry and have children, as they sometimes do, their family relation is governed by the hindulaw and presumably the ordinary hindulaw of inheritance will govern succession to their properties. at the same time their female children may remain unmarried and become professional dasis ..... ' means a legitimate daughter. this applies even to the passage from nanda panditha quoted at p. 207 of jolly's hindulaw (1885 edition). illegitimate children have no place in hindulaw when they are legitimate heirs except in the special case already referred to [see meenakshi v. muniandi panikkan ilr (1914) ..... the legitimate son by the same father. shome shankar rajendra varere v. rajesar swamt jangam ilr (1898) a 99. the illegitimate son is under hindulaw excluded from all collateral succession [dharma lakshman v. sakharam ramjirao ilr (1919) b 185. the son of the legitimate son of a sudra ..... are hindus and are usually governed by the hindulaw and usage. at p. 20s the learned judges observe:all the women appear to have followed the profession of a prostitute. that members of this caste are hindus is certain, though the ancient writers and their modern exponents find some difficulty ..... in fixing them in one of the four castes ; but whether they belong to the sudra or fourth caste or to a separate fifth caste is immaterial. that male members of this caste are usually governed by the hindulaw and .....

..... even if the male bandhus and female bandhus are on the same footing, the respondents are nearer in degree than the 3rd appellant. according to the well known hindulaw mode of computation (the number of degrees from the common ancestor of the claimant or proprietor whichever is larger) the appellant is within four degrees and the ..... do not think there is anything in this contention. all that was meant by irregular bandhus in that decision was that they were not expressly enumerated in the ancient text quoted in mitakshara and other commentaries and they have come to be recognised only by a series of decisions of their high court. the privy council have ..... be used in the case before him, because it' was a bombay case. even if the contention had succeeded it shows that the decisions in madras remain good law, but even for bombay the contention did not prevail. in the course of discussion his lordship refers to rajah venhata narasimha appa rao bahadur v. rajah surenani ..... are the brother's daughter's sons. this question was not raised in the courts below, but the second appeal is admitted as a pure question of law and for the same reason i have allowed it to be argued.2. the contention for the appellants briefly is that both the rival claimants are bandhus and ..... ramesam, j.1. the question raised in this second appeal is whether the son's daughter of a hindu is entitled to preference to brother's daughter's sons in the matter of succession to his property. the 3rd defendant is the son's .....